The Sun. — London, England, 1809-03-24 00:00:00

IMPERIAL PARLIAMENT. HO LSE OF PEERS, THURSDAY, MARCH 23. Counsel were again heard in the Appeal the Rev. Dr. Playfair v. Dr. James M'Donald, Sec. Professors in the University of St. Andrew's. A further hear ing on Tuesday next. The Mita Cussozo.ott, agreeably to the sug gestions thrown out by him yesterday, moved that it be an instru&ion to the Committee of Privileges sting on the claims, to the Roxburgh Peerage, that one Counsel be heard on either side respecting the 2Mport, &c. of the words " Heirs Male."--Ordered. The Royal Marine Mutiny. Bill, the Jamaica Free Port iv, and the, Expiring Laws Bills, were read a third time and passed...—Adjourned. so, ROUSE OF COMMONS, {. ^. THURSDAY, MARCH 25. A Message float the Lords, announced their Lordship's assent to the Jamaica Free Kitt Bill, the Expiring Laws Continuation the Expiring Laws Perpctual Bill, and the Royal Marine Mutiny Bill. On the motion of Mr. Alderman' COMM, leave. was granted to bring in a Bill fur a Sunday Toll at Nackfriars-bridge. Leave was granted to bring in a Bill for the erec tion'of,a Bridge over the Thames, near the Savoy. The Loan AnvocATa of SCOTLAVD, the Chair manof the Newry Committee, repotted, that the Hon. Lient:-General Francis Needham (the sitting Member) was duly elated, and that the Petition of the Right Eon. Isaac Corry was not frivolous or vexatious. Mr. %UWE brought in the Dublin Pipe Water Lill,'Which was read a first, and ordered to be read a second time. Mr. BANKES presented the Repori of the Selea COmmittee appointed to inquire into the Mode of appointing to Writerships, Cadetships, dared to be printed. The Dover Lands Bill went through a Comniittee, the Report of which. was ordered to be received to morrow. WEAVE,RS' PF.TITION. Mr. BLACKBURN moved, that the Petition from the Weavers of Lancashire, praying for the Esta blishtnent of a Minimum of Wages, should be re ferred to a Committee. A conversation arose, in which 'Mr. D. Giddy, Mr. Curwen, Mr. W. Bootle, Mr. Blackburn, Mr. Baring, Mr. Whitbread, and Mr. Rose, participated. It was generally admitted , that the prayer of the Pe tition was wholly inadmissible, as involving in it consequences that would' be highly injurious to the Country, and destrative of the interests of the Pe• titioners themselves; but the Petition was ultimately referred to a Sele6t Committee, on the ground that it would be more satisfactory to the Petitioners, than that it should be in the first instance rejected, as it would 'how the disposition of the House of Com. :Anna to entertain and deliberate on the requests of . the people, although they might find themselves eventually compelled to rejetit them. SIR I. MOOR.E's LETTER. • Mr. WHITEREAD stated, that finding the Noble 'Lord opposite had not produced the last dispatch by received from Sir J. Moore, nor an ex ttia from it, and having heard (in private) that his Lordship had abandoned the intention which he had formerly expressed, of laying this important docu ment, or an extra& from it, on the table, gave no tice, that' on 'Tuesday next (the day on which his Noble Friend, Lord Temple, had given notice of a motion of a similar nature, viz. for the prodation of the letters from Mr. Frere) be would submit ,to the House a motion for its prodation. The Malta Registry Bill was read a second time, And ordered to be committed to-morrow. Mr. WHARTON btongbt up the Report of. the Committee of Supply. The Resolutions (founded on the Navy Estimates) were read and agreed to • .IRISH SPIRIT LAWS. Mr. FORMS moyed,." That the House resolve itself into a Committee oithe whole House, to con sider the laws respecting Irish spirits." The House then went into said Committee , when ,Mr. FOSTER moved, " That it is expedient, during the prohibition of distilling from corn or grisin in Ireland, that the Duty on Sugar should • be lowcrcli..! This was agreed to, and the Chairman obtained leave to report the same to the House. • Ittisl-I . FLAX-SkED BOUNTY MU: On the motion of Mr. Fossil, the House resolv /ed itself into a Committee of the whole'HOuse upon the Bill. Mr. Bun szt3 Objeeted to the principles upon .which this Bill had been introduced. • It had been defend ed as a temporary measure, 'on which grounds he condemned it ; it coeld/not possibly do any good,, as the seed could not be' produced in time for the pur poses required. It had been said the measure should he pursued, ev4n . were a free intercourse immedi ately- opened. With America ;if it were intended as a general measure, as a general encouragement for growing: seed in Ireland, this was not the proper mode: t hey should not give a bounty to the grower, but sitoeld lay a duty on the importer. • Mr. FOSTER, in t'eply;wisherl to say that he had oiNer tallied of it as a temporary, measure,, but es the fir s t step, the ground-work of a general syoein to render Ireland independent of foreign countries. 'lf the people of Ireland had caught the alarm from the present state of affairs, and were apprehensive for their usual supply of seed, this would operate as, a stimulus, and induce them to co-operate, and thin their apprehension would be productive of good, and would avert the evil Which they had apprehended. This measure was the be ginning of a system which would-lay the foundation for the general improvement of that country ; it would probably induce them to drain their lands, end he should conceive leprehensible, had be been giddy enough so soon to have proposed $ tax. Sir Jortig Nawvoar gave his sanBion to the Bill, With a vivw of giving Ireland a fair trial. Be how ever honed, when the measure was carried, that. care would be taken how the sum granted was eit rotted. Hu thought this caution the tow neves. pry,' as- the IriTh Linen Company had received money t o der the Appropriatioli Act, for distill& pirposes, which they bad applied to other objeas; they had laid out part of thornoney in building, in violation of that A& This he intended to prove, by moving the papers, where it would. be found, h . % the architea's account, that money had been hod out, not by order of the Board, but by the order of two or three individuals. As to the measure before the Committee, he thought it shotild'be adopted (or the reasons which he had stated last night, and also because Ireland could no longer expeel seed from Sicily or Greece. That they were excluded from America, the people had to thank those who had in= troduced the Orders in Council, as it was owing to. those Orders Ireland Was now placed in the situa tion she is with America.. Mr. FOSTER said, the Hon. Gentleman had As serted that no .flax-seed was to be expected from Sicily or Gteece ; he, however, could state, that flax-seed had actually been received from Sicily, and parts _adjacent, and that it was good, and that it was liked, and that mnre was expected. As to the ap propriation of the money, to which the Hon. Baronet had alluded, he could only say, that it was agreeable to the provisions of the Oct. Sir JOHN NEWPORT replied, that if flax-seed had arrived, he did not know it,. which he might have done, had the information he bad sought been allowed him. ' Mr. Peacevar; said that the Honourable Baro net should be careful how he made assertions, as they tended to delude, and considered it no excites for his being ignorant on the subject, because what he had wished had not been allowed him. The Ho nourable Baronet had also said, what was corn thonly heard from that side of the Horne, that the embargo was to be attributed' to the Orders in Council, which, theo were not able to prove.— This was what he should always deny ; he would always maintain the contrary ; the embargo was laid on antecedent . to the Orders in Conneil ; ' tae Americans had adopted that measure, atifici , gating the event which followed ; they knew that it a spark of spirit remained in the Country, his Majesty's Ministers would do as they had done.— Whenever, therefore, suck en assertion was made, he would contradi& it. But, even had it been the case, they were justified in doing 'as they did, for they had better submit to the risk of less, than sub mit to any indignity. Sir Joaw NEWPORT explained. After a few words, from Mr. Bastard, Mr. Parnell, and Mr.. Foster, the Report was ordered to be brought up to-morrow. A new Writ was ordered for Mount Cashell, in the. room of Mr. D ux, who had accepted the office of Escheator of Munster. GENEKAL CLAVERING. The SPEAK.aIt acquainted the House, that he bad received a letter from General Clavering, couched in terms of the highest respect to that House, but which he should not proceed to read unless the ' House should so command him. Mr. W. WYNN 9 recalled to the attention of the House's that in consequence of a passage in the letter addressed to the Speaker by his Royal Highness the Duke of York, he had on a former occasion given notice that he would subMit to the House a resolution on the subjea. Theccourse, however, that had beet► pursued by the Rouse, in his opinion, rendered such a step unnecessary, as, by the declaration that it was on the ground of his Royal Highness's resignation, that the House would not proceed in any measures conienUenr on the investigation in which they had been engaged, the House had dis tinelly recognized, by ell entry on their Journals, their right to enter into the whole of the case with out reference to any other tribunal. He was the more induced to decline persevering in 'his notice, by what bad fallen from the Right .Hod: Gentte man opposite, who had intimated, that, by the pas sage in question, it was nut intended to infer that the House were bound either' totally to acquit his Royal Highness; or to refer his case to another tri bunal. There was also a good reason to believe that the objetilionable passage did not absolutely proceed from the Duke of York, but had been suggested to' him from some other quarter. Under these circum stances, he should abandon the notice which he bad given, with respetrio the letter, and content him self with moving that the Order of the Day Jur le awning the adjourned debate on General Clavering's evidence be read. The this:legume of the Excneotiaa was glad that the Hon. Gentleman had thought prOper to abandon hi's notice with respett to his Royal High ness's letter, although he expressed his perte6i readi•- neas to meet the Hon. Gentleman on that ground whenever he thought proper. • As to one of the rea sons assigned by the Hon. Gent lemau tirr abandoning his notice, namely, that he (the Chancellor of the Exchequer) hadstated, that the passage in question was not meant to emir ey the meaning imputed to it, it must be in the recollection of alehouse, that that declaration of his was made antecedently to the Hon. Gentlerrian's notice: As to the other reason, namely, that. the pa sage was to be ascribed to the suggestion of some other individual, he did not know whence the Hon. Gentleman derived his information 1.• had been no party in communicating it to him, but he had no hesitation in saying, that let the letter be' imputed to whom it might, he was ready to defend every point of it as constitutional and respedful in , positions and language. Mr. WHITBaRAD maintained his original opi nion, that the letter of his Royal Highness the Duke of York was perfealy unconstitutional, and a direct attack on the privileges of Parliament. He was not surprized that the Right Honourable Gentleman held* different opinion, because if the authorship of that letter were fairly imputed to him, he would indeed have been highly culpable, bad he advised his Royal Highness to do that which he believed was a breach of the privileges of Parliament ; but it was evident that the Right Ho nourable Gentleman's understanding of those privi leges was an incorrea one. He thought it would have been more discreet, had the Right Hon. Gen tleman abstained from what be had said to-night ; but he trusted that his Hon. Friend would . not be pro voked to change his intention ; but, for the good reasons which he gad assigned, he would abandon any further proceeding on the subject. Mr. WYNNIt explained. Mr. PONSONSY declared, that had, he been in the House when the letter was first read, be would have objc6lecl to, such a proceeding; for in his °pluton, nothing could go beyond the unconstitutional nature of the sentiments which it contained. The course which the House had taken having, however, pre vented the,probability of any ill deaf resulting from it, he thought with his Hon. Friend, that it was advisable to abstain from any further measures: Tbe,Order of t.lte Pay for rewtning the adjourned debate on Gen. Clavering'S evidence was then read. Mr. W. WY NN!! rrlbired that the debate be now lectured. Lord J. CAMPBELL stated; on the part of General Clavering, that the absence (owing to the illness of a . near relption) of an individual, whose presence was highly tmcessary to his defence, rendered it a matter of the highest importance to him that the discussion 'should be deferred. He therefore moved an amend- tnent, that for the Word " now" be inserted the words " Tuesday next:" - Mr, WHITBREAD regretted that he was compelled to objea to any thing coming from such a reaped.; able quarter, but he did not conceive that the Noble Lord had made Out , a sufficient case to induce the House to consent to a further delay of this busi ness. lithe House did not proceed now ; the public might perhaps suppoie there were a disposition to screen the individual alluded to ; en imputation so disreputable, that he khould feel it his duty to take the sense of the House on the Amendment of the Noble Lord. . M. ELLIiON said, that if Captain Sanden were not . in confinement, he should not be 'disposed to press the immediate proceeding on the present busi ness ; but as that was the case, he thought it the bounden duty of the House to adhere ,to the stern rules of justice, and toinake no distinaion of per-. eons. Sir M. RIDLEY urged the postponement cf the discussion. The meanest subject of the realm, when in court of justice, was entitled to have counsel al lowed him. Why had not the Hon. Gentlefttan brought forward his motion when the friends of Gen. Clavering were in the House ? He thotight-tbar thb House, considering the charaCter ?nd fancily of Gen. Covering ought to give hint every fair opportunity of vindicating himself. He could assure them that Gen. Clavering had, with the most solemn asseverations, declared his total innocence of the charge imputed to him, with the exception of inadvertency. Mr. WYNNE appealed to the House, whether, so far from having himself caused the delay in bring ing forward this business, he had not most strongly protested against the postponements that had taken place. The subject was now in the hands of the House, and it would be for them to decide on the propriety of any further delay. Sir M. RIDLEY explained. The CHANCELLOR of the ExcliEnuEtt allowed that the postponements which had already taken place were by no means imputable to the Honour able Gentleman. He maintained, however, that the grounds which had been stated by the Noble Lord were sufficient to induce the House to ctansent to the postponement proposed. He did not think it would be well that it should . go forth to the pub lic, that such a cause for delay as the absence of whose evidence was necessary to the accused, should be stated in that House and over ruled.. Mr. WHlThauAn' denied that it was the absence of witnesses—it was the *absence of Members. The , absence of witnesses would have been a very different aousidetntion. The CITA NCELLOR of the Evm ?AUER said, in ex planation, that he miderstood a Noble Dulte (ikr gyle) 'was to have been called to the Bar to giei Oniony in favour of-General Clavering, but as ao witness was meant to'be called, his observation fell to the groUnd. The. SPEAKER said, that in his view of this snbje& the offence was of the nature of a*contempt of Court, and consequently no testimony could be usefully , hoard. They were . not in their proceedings, to fol low the rules of any inferior Court. Mr. SHAW ',envie thought a feller attendance could not he expected on Tuesday, aed therefore op posed the Minion for adjournment. 'Mr. W: SMITH observed, that if he could con sider either substantial justice or the dignity of the House implieated by any .postponement he would not agree to it, but as he did not think that was the case, he was inclined to comply with the first request that had been made on the part o f G enera l Clattering, who believed his cause' would be better defended by ihis'short delay. Sir J. Nawpoar differed from the Hon. Gentle man, that so near the iCCeSd they could not. expect a more numerous attendance on Tuesday, and - the. only difference would be, that some of the Gentle- Men,now present would then be absent, and some friends of General Clavering now absent would be present. He deprecated farther postponement, as, during these delays, the Justice of the House was doubted by the public, and it was thought that a man of rank and family waaspared, while one of inferior rank was suffering punishment for the same offence. Thy SECTiIdTARY at WAR spoke shortly for the postponement. Mr: DuNDAS thought that some necessary iniirna tion of the design' to move for adjournment had been omitted. • Mr...Wmuettroitcs wished the .House to keep out of sight what might be their ultimate decision and simply consider the question now before them. It was, in his opinion, desirable to come to some decision with the least possible delay. ,theY had alreadly postponed too much, so as to give rise to an idea that they were unwilling to - pronounce tot opinion upon the case. It gave him pain to speak upon the question, but without entering into the case, he thought they must now- decide, unless a better reason for postponement' than any' they had yet heard was givpn, If it was a question of nicety, where one or two votes were of conse quence, be could not objol to delay. General Pimps rose to order. The Hon. Gen tleman had said, he would not go into the merits of the case, and he was now deciding on thcni. • Mr. &Li SON, in turn, called 'the Honourable Ge neral to order, and defended the line taken by Mr. Wilberforce. Mr. WW3I3IIFORCE then explained,_and conclud f ed by giving his decided voice tor coming to a deter mination immediately. After a few words from Sir RiriLe'y and Mr. WYNNE, The question for the further consideration of 'General Clavering's evidence was jut and carried ,in the affirmative. Tile SPEAKER then ptit the question, that " It is the opinion of this Howie, that General Clavering in the said Evide:lco is guilty of Prevati cation." ,:- Sit M. RIDLEY defended- General Clavering from' charge of 'being wilfully guilty or - this offert6 , 2 with', a view to deceive the House. He imputed the con-, traditaions that appeared In' his testimoily.to hie not 1 understanding the questions put 'to hits; and eiar - - barrassments felt while standing at thcirsbar.--such a : feeling as might be equally imputed to the Hen. Member who brought forward the charges against - the Duke of YOrk (Mr. Wardle), who from a ; sing-' tar eMbarragsment, thOuglsnot standing in t he situa tion of General Clavering at the Bar,' had forpt ' what had passed within the twenty-four-hours pre- • , ~ vious to his examination, and declared he had riot er' .• seen Mrs. Clarke,' when it afterwards'turned out be had seen her three, times during that period,. He spoke in high terms of the honour and cliaa'aBer of General Clavering.' Lord J. CAMPBELL said a few words in so low a '; tone of voice as to be inaudible in the gallery. Mr. M'NAUGHTAN could . see . no reason why the ... ,•;. House should not. notice General Clavering's pres ~ , 1 varication, because some other 'person had prevari cated also ; nor why he should have been treated in the same summary manner as CaptainSandcer. It was stated hypotheticallyfrom' his high rank, cl!i - • ratter, education, and conuections; " how could: he be supposed capable of doing this -?"-Thy al!iwi° l ‘ .. ; i was ; he had done it; and ought to be more which. i punished, as enjoying all - these adVanteges yt , rended hirn the more guilty. He knew nothing of General Clavering, or his family,' bat had train . his , earliest infancy been taught to respea : mest highly' i the family into which hp had married (tflates( e re,,, I 'pie): The honour of that most - il9ble and irills'it lous family could not be compromised Or earieshei. l by been done y do a n d e al o rfealliisy% and n dif n o i t n could, , ceived from implicating the.Housetsf GOintl'en s '" the. disgrace. He denied, hoisteve/, that a"Y' a I.: ' honour could attach to that Nobld Family. Capta in Sanden bad made a similar excuse to that inow made • a_ consolation that a l t c a ct v u o i ti d l ii b ; e have t for. General Clavering. It was, .he said, an &fence' lof his head, not of his heart. That excuse had not . .-. lavailed him, and it ought nor to avail 'General Oa' vering. Sanden was forced to. the Bar unaided, with- - , out conne6tions, and, for his offence while giving' • testimony there, had been punished. . General Clad vering came forward voluntarily to falSify the evir : deuce of a person who, as tar as bile coulti, lii.a.i been • his benefaelresa. How then could they spare hitl • for the same offence they visited instantly on ano ther? It they did, it, might well . be said, in the words of our immortal Bard— ,, Thro' tattei'd clothes small vices do appear, Robes and fur-gowns hid* all.". The honour of 9eneral Clavering was talked of" I where was his honour, who offered a thousand ! poUnds to a wh—re for . her interest in his promo';; 1 tion ?. . He had never seen General Qlevering till hte! ' I saw him at the Bar, and was therefore unhillueueed . • I t in his opinion. - Mr. WRLTBRIAD said, he was not in the sarns- - state as the Hun: Get had just:sat doWne • for he had been acquainted with General Ciaverint several years ago, and coesequeotly when he heind , his letter read, attached all that weight: and eredic to it it deserved,, as cotning.troin'a,.General Orficer ' (of the highest res4ctability. From the course tie ihad pursued in this platter, it was necessery that h i': t"should - shortly explain the grou nd s o n which si ., agreed to the: motion before, the*Hdose.. 14 ": (l et , dered the Honourable, Baronet behind hi tu ,.,. ( ' "- „ nr Ridley) es having acted hardly towsiels `xs;r l°l 're: able Friend (Mr. Wardle), in ettacleteee bun; ''' -, ; manner which could be; no ju s tieeateel of Gester.i . , Clavering. If the Honourable u sr eeet t h o ught ttil, Honourable,Frirud had..been gnilty.,of any arever i- `'- lion in his testimony,. he otight.to bring it tore'- 4 in an open and manly manlier as a distinct chinge , which Would be inet'by his, Ponourabie, Friend, aud on which , he (Mr. Whiibree,d) would be ready to , deliver hiss Opiniein. . Hiss'Honourable Friend, as tha distindion had already been made e . had I t o object tn . ' view which could be antiwered by perversion of'fads, •, while General Clavering had in view, in the - fti`ce 01 the thingloeatculpate. the Duke ' o f. I - 0i k.by ralsityr, lug. Mrs. Clarke's evidence..—Thillonauraele Gear tlemae here entered into a review. of the case, and . argued that General Clavering had ,firsrrepieSented hitisself es a voluntary witoess, andettere eras es colluding with Mr. Lowtoti, to impose himself: as sucleuponahe House,' He came to falsify .1 %6r licsS and would have su.eseedeste - had not the letter, oech. discovered wiiicb protied.the 'truth of her tilatei4nr , r and it was not till liit'S.6 letters were eased end I 4 .• becOrne'the gek*ral wiiic 01 'cotivirs:it ion, - :n was . in every. mouth, " what will Iv dent; with General , Clavering t" that. he came ibreard to do ewey his iniessiaternents on the first night of his Peamtitaiiene The, explanation lie then gave was prev.recetitneee• The Honourable BarOnet said, the country ‘venlif di' justice to General Clavering ; he was sine it mould do . justice to their prbcecdings this night: • It' Bias , , also said that Getieral Llaveritig wits not tit' to stared , such an t exemination as lie heti. 'undergone. , It .he : • was not, ',either:was tie fit to cemeetud •men—eter flier was' he fit lor a General Otlicer to be soil L' ) I Melte, or to.freland.on the zif;itf. As 1.... Hs lantliy.. t o 1 and friends, for whose el lie they wi-4 , . C.,::,:ci. on • I spare him, had not . Captain See' ei ales a "'''''' 1 i family, and friends, whose. fe t tliii.,s espy' " . ; I less to be respeaesl, because b ' 011 MO. - ' Ailey were littu' e e • I ! occasion of hispentsirmente . He telt tor these c- ',',; I sidetations, and for General Claverine himself, 7,4 ,I much as any man, but could net beavareed by ti lt ''' . ' ) from a sense ofjustice. Tcrider enerCies were solu - ' - 1 times cruel, and it would be so; were the), bY. ci ` ' .1 cusing Generel Cl aver i ng, to give the aandie n of the House to a crime w hie tt in C:;urts.of Ji ist ice; t night cost innocent men their lives. Sien .i deetadation • . and punishment awaited prevaricateee. aitil ifl all . . these grounds, he decidedly and heertiti; itereed ss'lth the motion of his Henourable Friend, to wheat) It o cdosiderettlhe House and Country us, raider oblrga.. lion for bringing it forward. lit h e House were, c... 10 On to 'do innatotial jestice, and though tee telei•t"" *. that occurred to him just now, was DO I so (....,e h ,, , 0 " 4 that of the Honourable Geniletllan op e o,ite 0 1 ''' 41‘isiaughtan). He had to remind them, than iteir'Y failed in administering it strictly, flits e eopie leii 2 ;''t have an .opportunity of f applying the vieurds of die Song— " If rich rogues like us_ were to `Twould thin rho lamabo many The CHANCELLOR of the EkeatECI,URR COlllll not suppose the Hon.' Gentleman, b . ) his quota lou• meant to say, that • crimes were mote. proaloilt among wen of Gen. Clavering's rank limn atno:-4